The Essence and Value of Political Parties

Hostility towards parties has never ceased; revisiting Hans Kelsen’s ideas is particularly significant today when critiques of parties are meeting the revival of the myth of People as One, which Kelsen devoted much of his work as a legal scholar and political theorist to opposing. Kelsen addressed the issue of parties at two significant historical moments when the constitutional government was succumbing to the assault of autocracy (Fascism and Nazism) and revolutionary experimentations (Bolshevism) and when parties regained momentum with the Cold War. These were two very different circumstances: in the former, the issue was opposing and resisting monocratic dictatorship; in the latter, the issue was defending party pluralism within liberal democracy itself. Kelsen never resorted to ‘militant democracy’ to protect democracy. The reason was both theoretical and empirical. As a ‘formalist’, Kelsen kept substantive politics out of procedural politics, which he considered normative or ‘not metaphysical’ because its task was channelling public doing and not achieving certain specific goals; the sole purpose of the rules of the game was the exercise and reproduction over time of political freedom. Therefore, pluralism, legal equality, and individual liberties were non-negotiable norms of democracy, whose process was based on the spirit of compromise and majority rule.